The newly elected leadership of TWU is pleased to announce that the four-year-long litigation regarding the legal validity of the Equity Distribution Plan adopted by TWU in 2013 has at last come to an end, because plaintiffs have not filed timely papers in the Supreme Court that would have been required to ask it to review the decision of the lower courts dismissing the Demetris case.
What this means is that the long delay in making a distribution from the TWU Reserve Fund to the beneficiaries of the TWU Equity Distribution Plan is coming to an end, and that TWU will now be able to arrange for a distribution of the monies derived from the American Airlines shares that have been held in the TWU Reserve Fund pending the conclusion of the litigation.
As the difficult preparations to distribute the proceeds from the original AA shares are being made, there are a number of things that you should keep in mind:
First, only those who were deemed eligible to receive distributions under the Plan when it was first released, and who therefore in fact have received shares of the distributions that have already been made, will be eligible for the distribution that the end of the Demetris case has facilitated. The dismissal of the Demetris challenge to the validity of the Plan means Court approval of the Plan terms in accord with which eligibility determinations have been made. Accordingly, those who were deemed eligible for past distributions will be therefore be eligible for future distribution(s), while those who were not, will not.
Second, at this time, some of the Reserve – enough to deal with the tax liabilities of the Reserve Fund, and to deal with the mathematical errors in the distribution – will not be distributed.
Finally, the task of calculating the amount due to each of the approximately 23,000 Plan beneficiaries, and then transmitting that amount to each of them, is an exceedingly difficult one that cannot be accomplished quickly, and that should not be hurried at the expense of accuracy. TWU has been conferring with American Airlines and the financial professionals who have been involved previously in administering distributions under the Plan to determine what will be the most efficient way to implement the distribution of the Reserve Fund without sacrificing accuracy. Once the distribution plan is finalized, we will again report out to you on the date(s) and method of distribution.
Director, Air Division, TWU International
Hurricane Maria has left devastation across the island of Puerto Rico and we know many of you have family, friends and properties on the island. Our thoughts are with all of you while you get through this difficult time.
From Sept. 22 until Sept. 29, American Airlines will allow Envoy employees to move supplies and generators to SJU using the employee Priority Parcel Service (PPS) program from all U.S. domestic stations (lower 48). They will waive size and weight restrictions and there will be no shipping costs so that you can get your families what they need.
As our brothers and sisters in several states — and now in Puerto Rico — attempt to rebuild from the devastating hurricanes of the last several weeks, TWU is committed to supporting them. Working with local leaders on the ground in all affected areas, we are monitoring members’ needs and creating an action plan to ensure everyone gets the help they need. At this time, those wishing to help can continue to make donations to the TWU of America Hurricane Relief Fund, which will be distributed directly to union members in affected areas as needed.
If you would like to make a contribution to this fund, please click here.
If you prefer to make an offline donation, please mail a check or money order to:
TWU of America Disaster Relief Fund
c/o Gary Maslanka, Secretary-Treasurer
501 3rd Street NW, 9th Floor
Washington, DC 20001
Dear Envoy Local Presidents:
As you likely know, in March of last year, TWU International filed a 20-D grievance with Envoy Air, citing the company’s violation of the Fleet Service, Operations Coordinators & Dispatchers and AMT & Related Agreements, including several specific letters and articles related to profit sharing. In the grievance, we argued that the company had told TWU International Repersentative Jose Galarza and several of you that post-American Airlines/U.S. Airways merger, they changed their accounting practices for reporting the profits and losses at their wholly owned carriers (Envoy, Piedmont and PSA), making Envoy a “cost center,” that would never show a profit. We also argued that as the official bargaining agent, we were never notified of this change, and that and Envoy underhandedly concocted these new accounting practices to avoid compliance with the terms of a negotiated provision in our collective bargaining agreements. We asked that the company make our members whole in every way, including profit sharing payouts, for the remaining years covered under each of these agreements.
Over a year has passed since the initial grievance was filed, and after several document exchanges and careful review by our legal and financial counsel, we have been advised that it is no longer in our members’ best interest to move forward with this grievance. We have withdrawn the official grievance, and will continue to keep you posted on any additional course of action we are advised to pursue on this issue.
Thank you for your continued patience.
Director, Air Division
I have received confirmation that the Company will pay the other half (Double time) of New Year’s Day. I did not get a confirmation on the day they will pay it, but it should be the May 12th check.
Transport Workers Union Of America